Expert psychology in disability courts: what it is and areas of action

Within the different jurisdictions where forensic psychology can act, disability psychology is one of the main.

Below we will discover how the expert proceedings are carried out in these courts, what is the purpose and what are they the main variables that must be taken into account in these cases to always act with the utmost professionalism possible.

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What is expert psychology in disability courts?

Expert psychology in disability courts is one of the scenarios in which forensic psychology can develop. In this case, the performance of the psychologist expert will be aimed at assessing the degree to which a person is capable of acting, since if said capacity were seriously impaired, a judge could consider the need to withdraw the legal capacity, which would fall to a guardian, also assigned by the judge.

The ability to act can be broken down into four others, which are what make it up. In the first place, the person's own self-government over himself. Also to the capacity to understand, that is to say, the intellectual one. The third would refer to the desire to perform actions, also called volitional capacity. The last of these would be the capacity for discernment, or judgment.

The work of expert psychology in disability courts is to study if the subject has any or all of the capacities that we have enumerated altered, and to what degree. That will be most of the work that will be reflected in the subsequent report that he has to present to the judge who requests it. But it is not the only task. He must also carry out a psychological evaluation of the different candidates for the guardianship of the person who would be incapacitated.

What is a disability court process like?

These processes can be initiated in several ways. First, it may be the person himself who requests that the disability be declared, for being aware of the progressive deterioration that he is suffering in his capacity to act. But it can also be his partner, ancestors, descendants or siblings. But it may also be the case that other people or authorities bring the case to the attention of the Public Prosecutor, so that it acts ex officio, if it deems it appropriate.

The disability claim will reach the corresponding court, which may be a specific disability court, if it exists in the province in question, or the court of first instance. It will be there where the work of expert psychology in disability courts begins, since the judge will require the help of the psychologist to evaluate the issues that we have seen previously.

Of course, the person who is the subject of the hypothetical declaration of incapacity has all the guarantees procedural, starting with the right to appear before the judge and to have proper legal representation if so he wants it. The judicial process will, in fact, begin with the judge's own exploration of this person. Afterwards, the forensic medical team will prepare its expert report.

Finally, all family members or other people who may be eligible for legal representation of the affected will be interviewed. They may have volunteered themselves, have been nominated by the person pending disability, or may even have been called by the court itself.

Once all the parts have been explored and provided that the judge finally has the reports forensics, including that provided by expert psychology in disability courts, may dictate judgment. The judge will say if the disability is granted or not, if it is temporary or permanent, who will be the guardian legal since then and if the internment of the individual in an institution is required for their careful.

In what cases does it work? Areas of intervention

We have already seen what a standard trial works like in disability courts. Let's now know what they are the most common types of cases that judges and expert psychology professionals usually face in disability courts.

1. Disability or changes in ability

Most of the cases that enter these courts are requests for disability for people who, affected by a psychological illness that It is limiting him in his ability to act in a persistent way over time and therefore, as we saw at the beginning, he cannot govern himself.

Obviously, not all cases are the same, since disability can occur gradually. So, in addition to the figure of guardianship, there is also that of guardianship. Guardianship would correspond to the person in charge of watching over an individual who is totally incapable.

However, if the subject is incapable only to a certain degree and therefore requires the assistance of a person for some specific issues, the judge will most likely choose to assign a conservatorship.

2. Cases of prodigality

Prodigality is a special case of those treated in expert psychology in disability courts. Make reference to individuals who, for different reasons, waste their assets in a compulsive way and without any type of limit, putting their economic situation and that of their dependents at risk. This condition can occur, for example, in people with compulsive gambling.

In these cases, the judge may declare a partial disability and assign a guardianship to a relative to be in charge of managing the assets of the person in question.

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3. Custody

Another situation that is also taken into account in disability courts is parental authority, referring to parents of people who are declared incapable. If they are minors, when they reach the age of majority, parental authority will be extended, so the parents will continue to be their legal guardians..

In the case of children of legal age, but unmarried and living with their parents, if it were the case that they were declared as incapable, the parental authority would also be reestablished (which had ended when they reached the age of majority) and therefore they would be protected by parents.

4. Capacity recovery

But not all the cases that are handled in expert psychology in disability courts are aimed at studying whether a person, until now capable, should be declared incapable. The opposite can also be the case and question whether the disability that had been assigned to a certain individual still makes sense or, on the contrary, it must be revoked and its legal capacity restored.

It can occur in cases of diseases with certain psychological diseases that, thanks to treatment, have remitted or are reasonably controlled so that the subject has been able to recover his capacity to act and therefore has requested the judge to end his situation of inability. Likewise, it will be evaluated by the forensic team of the court so that the judge has all the necessary information and thus passes judgment.

5. Change of guardian

It may also be the case that the expert psychology team in disability courts is summoned to evaluate a possible change of guardian. It may happen that the tutor himself has requested it, either because he does not see himself in a position to continue exercising that responsibility or for any other reason. It may also be that another person has requested it, considering that the tutor is not developing her role as it should.

Even the authorities themselves may reopen the case when verifying that guardianship is not being exercised as required by law and therefore the incapable person requires another person to take responsibility for it.

6. Precautionary measures

They can also occur emergency situations that require the rapid incapacitation of a person, for example, in the event of involuntary confinement in a psychiatric institution. The judicial authorization should always go ahead in such a scenario, but if the situation is of such urgency that it is not has been able to request before, the person in charge of the center must notify the court within 24 hours of the internment.

Likewise, the measure must be ratified by the court, within 72 hours of receipt of the request. In addition, the process must always be carried out by the judicial authority of the province where the center where the person has been admitted, regardless of whether said subject habitually resides in another place.

These would be the main cases that expert psychology professionals would face in disability courts.

Bibliographic references:

• Asensi, L.F. (2007). The psychological test in disability matters. Legal-Forensic Psychology. University of Alicante. Department of Health Psychology.
• Sarmiento, A., Varela, O. H., Puhl, S.M., Izcurdia, M.A. (2005). Psychology in the legal field. Buenos Aires: ECUA.
• Solitaire, R. (2011). Legal incapacity, parental authority and human rights. The political challenge of equal rights and the right to difference. Research Yearbook.